- (1.) S. I. Jafri, J. Rajendra has filed Criminal Appeal No. 1642 of 1978 while Mudlak alias Vijendra Singh and Harish have filed Criminal Appeal No. 1643 of 1978 against their conviction and sentences recorded by Sri I. P. Singh Sessions Judge, Ghaziabad by his judgment and order dated 29-5-1978. The appellants were convicted under Section 302 read with Section 34 I. P. C, and were sentenced to undergo R. I. for life imprisonment. Both the aforesaid appeals were connected and we are disposing of both the appeals together by a common judgment and order.
(2.) RAJENDRA Singh and Mudlak appellants are real brothers, while appel lant Harish is their nephew. The case of the prosecution in brief is that on the day of occurrence, Mahendra Singh deceased had gone to the shop of Mool Chand to take delivery of his shirt which he had given him for tailoring and at about 6. 30 p. m. on 22-8-1977, while the deceased was sitting on a cot in front of shop of the Mool Chand, the appellants arrived there from the western side and landed knife blows on the person of the deceased, with the result, the deceased sustained grievous injuries on his person. The occurrence was witnessed by Mool Chand, Nepal Singh P. W. 2, Brahma putt P. W. 4 and few others. The appellants after inflicting injuries on the injured, escaped from the scene of occurrence. After the occur rence, Mahindra Singh deceased was first taken to his Gher and thereafter, he was removed to M. M. G. Hospital. Ghaziabad where the Doctors declared him dead. A memo regarding the death of deceased Mahindra Singh was sent to Police Station Kotwali by Dr. S. K. Gupta (D. W. 1) to the effect that the dead body of the deceased was brought to the Hospital by Hari Kishan son of Ganga Sahai. Brahma Dutta P. W. 3 left for Police Station Kavi Nagar at 6. 30 p. m. from Hospital M. M. G. Ghaziabad and at 11 p. m. he handed over his written report to Kewal Singh (P. W. 7) Head Constable of the aforesaid Police Station. The aforesaid report had been prepared by the Informant at the hospital itself. The Head Constable prepared a chik report on the basis of the aforesaid written report and registered a case in the General Daily of the Police Station against the appellants under Section 304, I. P. C. After registration of the case, Ram Vir Singh Sub-Inspector was sent to the place of occurrence as the Station Officer was not available at the Police Station. Later on the Station Officer Suresh Chand Sharma P. W. 9 returned to Police Station at 12. 10 on 23-8-1977 and it was, then, that he took up the investi gation of the case and started for the place of occurrence at 12. 15 a. m. and reached there at 1 a. m. The Investigating Officer P. W. 9 recorded the statements of complainant Brahmn Dutt and Mool Chand and thereafter investigation of the case was deferred till next morning. The Investigation Officer again arrived at the place of occurrence next morning at 5. 30 a. m. and inspected the site of occurrence and prepared site-plan Ex. Ka 14. He also collected blood-stained and unstained earth from the place of occurrence and got the requisite memo prepared on his dictation by Sub-Inspector Ranvir Singh. He also found a cot blood-stained at the place of occurrence, and he took into possession the blood stained strings (Badh) of the cot prepared a recovering memo Ex. Ka-13. After investigation the Sub-Inspector returned to Police Station on 23-8-1977 at about 4. 35 p. m. and he got the case converted into one Section 302 I. P. C. The Investigation Officer again went to village Shahpur Bumheta on 25th August 1977 where he interrogated some residents of the village and arrested Mudlak, Rajendra and Harish. After concluding the investigation, the Sub-Inspector submitted charge-sheet Ex. Ka 5 against the appellants in the court.
(3.) THE autopsy on the dead body of the deceased Mahinder Singh was carried by Dr. O. N. Srivastava on 23-8-1977 at 3 p. m. in the District Hospital Ghaziabad and he found the following ante-mortem injuries on his person. 1. Punctured wound with clear cut margins 4 cm x 1. 5 cm x chest cavity deep on the back of chest right side, medial to the middle of the right scapula, transversely placed. 2. Incised wound 3 cm x 1 cm x bone deep on the back of chest right side on the middle of the right scapular bone. 3. Linear abrasion over the groin region (paper torn) side close to attach ment of (paper torn) 2 cm in length. The appellants pleaded not guilty to the charge and attributed their false implication in the case to enmity. They examined Dr. S. K. Gupta, D. W. 1 in their defence.;